What is the evidence really fully? -- criminal law interpretation of 50
Created:
/Author:
Aaron Lewis
"Criminal Procedure Law" provisions of article forty-sixth:Of all cases are to be sentenced to the weight of evidence, investigation and study, not credulous.Only the accused confessed, no other evidence, not the defendant is found guilty and sentenced to a criminal punishment; without the confession of the accused, the evidence is sufficient and reliable, can be found the defendant guilty and sentenced to a criminal punishment.
The new "criminal procedural law" the forty-sixth to fifty-third shall be amended as: "of all cases are to be sentenced to the weight of evidence, investigation and study, not credulous.Only the accused confessed, no other evidence, not the defendant is found guilty and sentenced to a criminal punishment; without the confession of the accused, the evidence is reliable and sufficient, can the defendant is found guilty and sentenced to a criminal punishment.
"The evidence is reliable and sufficient, the applicant shall meet the following conditions:
"(a)Conviction and sentencingThe fact that there is evidence that;
"(two) according to the verdict evidence are verified by the statutory procedures;
"(three) comprehensive evidence of the case, the fact is beyond reasonable doubt."
The new "criminal procedural law" the revision, clearly the "three conditions, evidence really fully".
Procuratorate indictment are made, "the evidence is sufficient," six words.The attorney's obligation, is a review of the evidence really, really well "".
Any unjust cases have evidence, but the evidence is not sufficient, indeed.
Or evidence really, but not sufficient.As Wei Qingan rape robbery.The scene is leather shoes footprint and bicycle wheel tracks and watch was robbed of the evidence is true, but the shoes, did not find the bike and watch.Then find the shoes, bicycles and watch, to know that Wei Qingan was wrong to kill.
Or the evidence is sufficient, but not really.Like the other day television "rural love Serenade", too much evidence points to the Wang Changgui and Su Yuhong relationship is not normal, but no one evidence is verified.Wang Changgui back blame by the mayor to migrant workers, had to wait for the "country love 7" in rehabilitate.
Published online in my case "Fourteen evidence refuted one by one, the procuratorate prosecution to withdraw" case, the defendant the public prosecutor to produce guilty evidence is sufficient, the defendant Ma Zhifeng to the death penalty.After the court testimony, fourteen pieces of evidence are not really, Ma Zhifeng rescued.
The new "criminal procedural law" provisions of the three conditions for "evidence really, fully," not up to the three conditions can not be "evidence is true, full of", cannot the defendant is guilty.This is a great progress Chinese method.